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Judge ‘horrified’ at ATO involvement in distributing superannuation class action settlements
Class Actions 2023-04-05 12:52 pm By Cindy Cameronne

A judge overseeing a superannuation class action against two Westpac units that settled for $30 million has expressed concerns about the ATO’s potential involvement in distributing settlement funds, saying the department was unlikely to efficiently reunite group members with their money. 

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Philips class action discontinuance shines light on ‘gap in access to justice’, judge says
Class Actions 2023-04-03 3:46 pm By Cindy Cameronne

A bid to drop a class action against Philips Electronics over recalled sleep apnea machines showed a gap in access to justice that was “very hard to fill” given the high cost of bringing large scale litigation, a judge has said.

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‘Court is not a place for their sport’: Judge slams stoush between funder, class action applicant
Class Actions 2023-03-03 9:59 pm By Cindy Cameronne

A judge has ordered a litigation funder and the lead applicant in a settled class action to personally mediate a stoush over expenses, saying he doubted the applicant’s $1.2 million claim and said the court is “not a place for their sport”.

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Saga of common fund orders ripe for return to High Court
Analysis 2023-02-15 10:16 pm By Christine Caulfield

The question of power to make a common fund order at the end of a class action was no longer a hypothetical one and it was time to send the issue to the Full Federal Court. That’s what the 7-Eleven class action judge was told 15 months ago but he failed to heed the advice, resulting in a court deeply divided and funders clamouring for reform.

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KPMG class action applicants might bring CFO question to a head
Class Actions 2023-02-14 4:54 pm By Christine Caulfield

The applicants in a shareholder class action against KPMG and former directors of defunct mining company CuDeco might press for clarity on the question of common fund orders in light of a ruling Tuesday morning that further split the Federal Court on the issue.

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‘Scandalous episode of corporate misconduct’: Judge OKs $1M GetSwift class action settlement
Securities 2023-02-02 3:41 pm By Cindy Cameronne

A judge has approved a $1 million settlement in a shareholder class action against failed tech start-up GetSwift that leaves the law firm running the matter taking a “massive haircut” and the funder $5.5 million out of pocket.

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‘Disastrous’ GetSwift class action settlement revised down to $1M
Class Actions 2022-12-20 4:47 pm By Cat Fredenburgh

A $1.5 million class action settlement against failed logistics provider GetSwift, which a judge termed a “disaster”, has been revised down to $1 million and may face a liquidators’ challenge that could see a group members recover nothing.

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GetSwift liquidators flag challenge to settlement in ‘disastrous’ class action
Class Actions 2022-11-17 4:18 pm By Cindy Cameronne

Liquidators of failed tech company GetSwift have foreshadowed an objection to a $1.5 million settlement going to shareholders in a class action that a judge has labelled a “disaster”.

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GetSwift class action applicant must ‘bite the bullet’, judge says
Class Actions 2022-11-04 5:15 pm By Sam Matthews

A judge overseeing a shareholder class action against the now failed GetSwift has urged the applicant to decide soon if he will forge ahead with a problematic settlement, seek summary judgment or wait to see what comes of the parent company’s bankruptcy case.

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Judge warns Domino’s about ‘trial by ambush’ as underpayments class action hearing kicks off
Trials 2022-11-02 9:07 pm By Sam Matthews

A judge has slammed Domino’s for its “entirely unsatisfactory” opening submissions in an underpayments class action, warning the pizza giant not to hide arguments and evidence up its sleeve.

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